Clause mechanics

Primary and noncontributory wording: what it changes

See how order of insurance response wording affects which insurance is expected to respond first.

The practical issue.

Primary and noncontributory wording is intended to make one party’s insurance respond before another party’s insurance and without seeking contribution from it. The practical result depends on the relevant policy and endorsement, the additional insured relationship, and the loss.

Questions that change the answer.

  • Which coverage line is expected to be primary?
  • Is the requesting party also required to be an additional insured?
  • Does the policy or endorsement support the requested priority?
  • Is the wording limited to liabilities connected to activities under the agreement?
  • Does the contract ask for a result that the policy cannot confirm?

Common decision positions.

  • Tie the requirement to the relevant liability coverage and activities under the agreement.
  • Do not assume additional insured status automatically makes coverage primary and noncontributory.
  • Request broker confirmation when policy mechanics are uncertain.
  • Avoid broad promises about every policy or every loss.